NRS 277A.240 Creation
of fund to match federal money. [Effective until the earlier of October 1,
2015, or the date on which the Director of the Department of Motor Vehicles
notifies the Governor and the Director of the Legislative Counsel Bureau that
sufficient resources are available to enable the Department to carry out the
provisions of chapter 472, Statutes of Nevada 2013, at page 2812.]

NRS 277A.240 Creation
of fund to match federal money; creation of fund for Complete Streets Program;
acceptance of gifts and donations for Complete Streets Fund. [Effective on the
earlier of October 1, 2015, or the date on which the Director of the Department
of Motor Vehicles notifies the Governor and the Director of the Legislative
Counsel Bureau that sufficient resources are available to enable the Department
to carry out the provisions of chapter 472, Statutes of Nevada 2013, at page
2812.]

NRS 277A.270 Exclusive
operation of system of public transportation; use of public rights-of-way and
property of commission; entry into contracts and other agreements; powers and
duties inapplicable to certain monorails.

NRS 277A.280 Authority
of commission and certain counties and cities to establish or operate public
transit system; utilization of turnkey procurement for and development of fixed
guideway project; utilization of competitive negotiation procurement process.

NRS 277A.285 Powers
regarding Complete Streets Program. [Effective on the earlier of October 1,
2015, or the date on which the Director of the Department of Motor Vehicles
notifies the Governor and the Director of the Legislative Counsel Bureau that
sufficient resources are available to enable the Department to carry out the
provisions of chapter 472, Statutes of Nevada 2013, at page 2812.]

NRS 277A.290 Powers
regarding parking facilities or parking spaces for general public and public
employees.

NRS 277A.020Definitions.As
used in this chapter, unless the context otherwise requires, the words and
terms defined in NRS 277A.030 to 277A.150, inclusive, have the meanings ascribed to
them in those sections.

NRS 277A.030“Acquire” and “acquisition” defined.“Acquire”
or “acquisition” means the opening, laying out, establishment, purchase,
construction, securing, installation, reconstruction, lease, gift, grant from
the United States of America, any agency, instrumentality or corporation
thereof, the State of Nevada, any body corporate and politic therein, any
corporation, or any person, the endowment, bequest, devise, condemnation,
transfer, assignment, option to purchase, other contract, or other acquirement,
or any combination thereof, of any project, or an interest therein, authorized
by this chapter.

NRS 277A.090“Improve” and “improvement” defined.“Improve”
or “improvement” means the extension, widening, lengthening, betterment,
alteration, reconstruction, surfacing, resurfacing or other major improvement,
or any combination thereof, of any project, or an interest therein, authorized
by this chapter. The term includes renovation, reconditioning, patching,
general maintenance and other minor repairs.

1. In a county whose population is 100,000
or more, street and highway construction, including, without limitation, the
acquisition and improvement of any street, avenue, boulevard, alley, highway or
other public right-of-way used for any vehicular traffic, and including a
sidewalk designed primarily for use by pedestrians, and also including, without
limitation, grades, regrades, gravel, oiling, surfacing, macadamizing, paving,
crosswalks, sidewalks, pedestrian rights-of-way, driveway approaches, curb
cuts, curbs, gutters, culverts, catch basins, drains, sewers, manholes, inlets,
outlets, retaining walls, bridges, overpasses, tunnels, underpasses,
approaches, sprinkling facilities, artificial lights and lighting equipment,
parkways, grade separators, traffic separators and traffic control equipment,
and all appurtenances and incidentals, or any combination thereof, including,
without limitation, the acquisition and improvement of all types of property therefor.

2. In a county whose population is less
than 100,000, street and highway construction, maintenance or repair, or any
combination thereof, including, without limitation, the acquisition,
maintenance, repair and improvement of any street, avenue, boulevard, alley,
highway or other public right-of-way used for any vehicular traffic, and
including a sidewalk designed primarily for use by pedestrians, and also
including, without limitation, grades, regrades, gravel, oiling, surfacing,
macadamizing, paving, crosswalks, sidewalks, pedestrian rights-of-way, driveway
approaches, curb cuts, curbs, gutters, culverts, catch basins, drains, sewers,
manholes, inlets, outlets, retaining walls, bridges, overpasses, tunnels,
underpasses, approaches, sprinkling facilities, artificial lights and lighting
equipment, parkways, grade separators, traffic separators and traffic control
equipment, and all appurtenances and incidentals, or any combination thereof,
including, without limitation, the acquisition, maintenance, repair and improvement
of all types of property therefor.

NRS 277A.110“Public highway” defined.“Public
highway” means any street, road, alley, thoroughfare, way or place of any kind
used by the public or open to the use of the public as a matter of right for
the purpose of vehicular traffic.

NRS 277A.120“Public transit system” defined.“Public
transit system” means a system employing motor buses, rails or any other means
of conveyance, by whatever type of power, operated for public use in the
conveyance of persons.

NRS 277A.130“Street banner” defined.“Street
banner” means a sign which a commission has authorized pursuant to NRS 277A.310 to be hung:

1. Along any street, avenue, boulevard,
alley, public highway or other public right-of-way used for any vehicular
traffic, and including a sidewalk designed primarily for use by pedestrians,
within the jurisdiction of the commission.

2. On any facility owned or leased by the
commission, the county or any participating city.

1. Such buildings, counters, shelving,
display and wall cases, refrigerating apparatus and other appropriate auxiliary
equipment as are necessary or customarily used for the vending of such articles
or the provision of such services as may be approved by the commission and the governing
body having care, custody and control of the property on which the vending
stand is located;

2. Manual or coin-operated vending
machines or similar devices for vending such articles, operated at buildings,
terminals and parking facilities owned or leased by the commission, even though
no person is physically present on the premises except to service the machines;

3. A snack bar for the dispensing of
foodstuffs and beverages; or

4. Portable shelters which can be
disassembled and reassembled, and the equipment therein, used for the vending
of approved articles, foodstuffs or beverages or the provision of approved
services.

NRS 277A.160Interpretation and construction of chapter.This chapter shall be so interpreted and
construed as to make uniform so far as possible the laws and regulations of
this State and other states and of the government of the United States having
to do with the subject of transportation.

NRS 277A.170Creation by ordinance in certain counties.In any county for all or part of which a
streets and highways plan has been adopted as a part of the master plan by the
county or regional planning commission pursuant to NRS 278.150, the board may by ordinance
create a regional transportation commission.

1. In counties whose population is 100,000
or more, the commission must be composed of representatives selected by the
following entities from among their members:

(a) Two by the board.

(b) Two by the governing body of the largest city
in the county.

(c) One by the governing body of each additional
city in the county.

2. In counties whose population is less
than 100,000, the commission must be composed of representatives selected as follows:

(a) If the county contains three or more cities:

(1) Two by the board.

(2) One by the governing body of the
largest city.

(b) If the county contains only two cities:

(1) Three by the board, at least one of
whom is a representative of the public who is a resident of the county.

(2) One by the governing body of each city
in the county.

(c) If the county contains only one city:

(1) Two by the board.

(2) One by the governing body of the city.

(d) If the county contains no city, the board
shall select:

(1) Two members of the board; and

(2) One representative of the public, who
is a resident of the largest town, if any, in the county.

3. In Carson City, the commission must be
composed of representatives selected by the Board of Supervisors as follows:

(a) Two members of the Board of Supervisors, one
of whom must be designated by the commission to serve as chair of the
commission.

(b) Three representatives of the city at large.

4. The first representatives must be
selected within 30 days after passage of the ordinance creating the commission,
and, except as otherwise provided in subsections 5, 6 and 7, must serve until
the next ensuing December 31 of an even-numbered year. The representative of
any city incorporated after passage of the ordinance must be selected within 30
days after the first meeting of the governing body, and, except as otherwise
provided in subsection 7, must serve until the next ensuing December 31 of an
even-numbered year. Their successors must serve for terms of 2 years, and
vacancies must be filled for the unexpired term.

5. In Carson City:

(a) One representative of the commission who is a
member of the Board of Supervisors and one representative of the commission who
is a representative of the city at large must serve until the next ensuing
December 31 of an even-numbered year; and

(b) One representative of the commission who is a
member of the Board of Supervisors and two representatives of the commission
who are representatives of the city at large must serve until the next ensuing
December 31 of an odd-numbered year.

6. In counties whose population is 100,000
or more, but less than 700,000:

(a) One representative selected by the board and
one representative selected by the governing body of the largest city in the
county must serve until the next ensuing December 31 of an even-numbered year;
and

(b) One representative selected by the board and
one representative selected by the governing body of the largest city in the
county must serve until the next ensuing December 31 of an odd-numbered year.

7. In counties whose population is 700,000
or more, the first representatives and the representative of any city
incorporated after passage of the ordinance must serve until the next ensuing
June 30 of an odd-numbered year.

1. A commission may be designated as a
metropolitan planning organization pursuant to 23 U.S.C. § 134 and 49 U.S.C. §
5303.

2. If a commission is designated as a
metropolitan planning organization, the commission shall carry out the duties
prescribed by federal law for a metropolitan planning organization in addition
to any other duties required by specific statute.

NRS 277A.240Creation of fund to match federal money. [Effective until the
earlier of October 1, 2015, or the date on which the Director of the Department
of Motor Vehicles notifies the Governor and the Director of the Legislative
Counsel Bureau that sufficient resources are available to enable the Department
to carry out the provisions of chapter 472, Statutes of Nevada 2013, at page
2812.]The commission may
establish a fund consisting of contributions from private sources, the State or
the county and cities and towns within the jurisdiction of the commission for
the purpose of matching federal money from any federal source.

NRS 277A.240Creation of fund to match
federal money; creation of fund for Complete Streets Program; acceptance of
gifts and donations for Complete Streets Fund. [Effective on the earlier of
October 1, 2015, or the date on which the Director of the Department of Motor
Vehicles notifies the Governor and the Director of the Legislative Counsel
Bureau that sufficient resources are available to enable the Department to
carry out the provisions of chapter 472, Statutes of Nevada 2013, at page
2812.]The commission:

1. Except as otherwise provided in
subsection 2, may establish a fund consisting of contributions from private
sources, the State or the county and cities and towns within the jurisdiction
of the commission for the purpose of matching federal money from any federal
source.

2. Shall establish a fund consisting of
distributions from the Department of Motor Vehicles pursuant to paragraph (a)
of subsection 1 of NRS 482.1825, to be
known as the Complete Streets Fund, for the purpose of:

(a) Executing projects as a part of a Complete
Streets Program pursuant to NRS 277A.285; and

(b) Matching federal money from any federal
source for the execution of projects as a part of a Complete Streets Program
pursuant to NRS 277A.285.

3. May accept gifts and donations for
deposit in the Complete Streets Fund.

(Added to NRS by 2009, 840;
A 2013,
2818, effective on the earlier of October 1, 2015, or the date on which the
Director of the Department of Motor Vehicles notifies the Governor and the
Director of the Legislative Counsel Bureau that sufficient resources are
available to enable the Department to carry out the provisions of chapter 472, Statutes of
Nevada 2013, at page 2812)

2. Exercise the power of eminent domain,
if the city or county which has jurisdiction over the property approves, for
the acquisition, construction, repair or maintenance of public roads, or for
any other purpose related to public mass transportation.

3. Sell, lease or convey or otherwise
dispose of rights, interests or properties.

1. Provide for and maintain such security
in operations as is necessary for the protection of persons and property under
its jurisdiction and control.

2. Employ professional, technical,
clerical and other personnel necessary to carry out the provisions of this
chapter.

3. Establish a fine for a passenger who
refuses to pay or otherwise fails to pay the proper fare to ride on the public
transit system established and operated by the commission. If the commission
establishes such a fine, the commission may establish procedures that provide
for the issuance and collection of the fine.

NRS 277A.270Exclusive operation of system of public transportation; use of
public rights-of-way and property of commission; entry into contracts and other
agreements; powers and duties inapplicable to certain monorails.

1. A commission may:

(a) Operate a system of public transportation to
the exclusion of any other publicly owned system of transportation within its
area of jurisdiction.

(b) Use streets, roads, highways and other public
rights-of-way for public transportation.

(c) Enter into agreements for the joint use of
facilities, installations and properties and the joint exercise of statutory
powers.

(d) Prohibit the use of any facility,
installation or property owned, operated or leased by the commission,
including, without limitation, a transit stop or bus turnout, by any person
other than the commission or its agents.

(e) Enter into contracts, leases and agreements
with and accept grants and loans from federal and state agencies, counties,
cities, towns, other political subdivisions, public or private corporations and
other persons, and may perform all acts necessary for the full exercise of the
powers vested in the commission.

2. The powers and duties of a commission
set forth in this chapter do not apply to any monorail for which a franchise
has been granted pursuant to NRS 705.695
or an agreement has been entered into pursuant to NRS 705.695.

3. As used in this section, “bus turnout”
means a fixed area that is:

(a) Adjacent or appurtenant to, or within a
reasonable proximity of, a public highway; and

(b) To be occupied exclusively by buses in
receiving or discharging passengers.

NRS 277A.280Authority of commission and certain counties and cities to
establish or operate public transit system; utilization of turnkey procurement
for and development of fixed guideway project; utilization of competitive
negotiation procurement process.

1. A commission, a county whose population
is less than 100,000 or a city within such a county may establish or operate a
public transit system consisting of:

(a) Regular routes and fixed schedules to serve
the public;

(b) Nonemergency medical transportation of
persons to facilitate their participation in jobs and day training services as
defined in NRS 435.176, if the
transportation is available upon request and without regard to regular routes
or fixed schedules;

(c) Nonmedical transportation of persons with
disabilities without regard to regular routes or fixed schedules; or

(d) In a county whose population is less than
100,000 or a city within such a county, nonmedical transportation of persons if
the transportation is available by reservation 1 day in advance of the
transportation and without regard to regular routes or fixed schedules.

2. A commission may lease vehicles to or
from or enter into other contracts with a private operator for the provision of
such a system.

3. In a county whose population is less
than 700,000, such a system may also provide service which includes:

(a) Minor deviations from the regular routes and
fixed schedules required by paragraph (a) of subsection 1 on a recurring basis
to serve the public transportation needs of passengers. The deviations must not
exceed one-half mile from the regular routes.

(b) The transporting of persons other than those
specified in paragraph (b), (c) or (d) of subsection 1 upon request without
regard to regular routes or fixed schedules, if the service is provided by a
common motor carrier which has a certificate of public convenience and
necessity issued by the Nevada Transportation Authority pursuant to NRS 706.386 to 706.411, inclusive, and the service is
subject to the rules and regulations adopted by the Nevada Transportation
Authority for a fully regulated carrier.

4. Notwithstanding the provisions of chapter 332 of NRS or NRS 625.530, a commission may utilize a
turnkey procurement process to select a person to design, build, operate and
maintain, or any combination thereof, a fixed guideway system, including,
without limitation, any minimum operable segment thereof. The commission shall
determine whether to utilize turnkey procurement for a fixed guideway project
before the completion of the preliminary engineering phase of the project. In
making that determination, the commission shall evaluate whether turnkey
procurement is the most cost-effective method of constructing the project on
schedule and in satisfaction of its transportation objectives.

5. Notwithstanding the provisions of chapter 332 of NRS, a commission may utilize a
competitive negotiation procurement process to procure rolling stock for a
fixed guideway project, rolling stock for a public transit system, facilities
and any other equipment that is related to public transportation. The award of
a contract under such a process must be made to the person whose proposal is determined
to be the most advantageous to the commission, based on price and other factors
specified in the procurement documents.

6. If a commission develops a fixed
guideway project, the Department of Transportation is hereby designated to
serve as the oversight agency to ensure compliance with the federal safety
regulations for rail fixed guideway systems set forth in 49 C.F.R. Part 659.

7. As used in this section:

(a) “Fully regulated carrier” means a common
carrier or contract carrier of passengers or household goods who is required to
obtain from the Nevada Transportation Authority a certificate of public
convenience and necessity or a contract carrier’s permit and whose rates,
routes and services are subject to regulation by the Nevada Transportation
Authority.

(b) “Minimum operable segment” means the shortest
portion of a fixed guideway system that is technically capable of providing
viable public transportation between two end points.

(c) “Turnkey procurement” means a competitive
procurement process by which a person is selected by a commission, based on
evaluation criteria established by the commission, to design, build, operate
and maintain, or any combination thereof, a fixed guideway system, or a portion
thereof, in accordance with performance criteria and technical specifications
established by the commission.

NRS 277A.285Powers regarding Complete Streets Program. [Effective on the
earlier of October 1, 2015, or the date on which the Director of the Department
of Motor Vehicles notifies the Governor and the Director of the Legislative
Counsel Bureau that sufficient resources are available to enable the Department
to carry out the provisions of chapter 472, Statutes of Nevada 2013, at page
2812.]

1. A commission may adopt a policy for a
Complete Streets Program and may plan and carry out projects as a part of a
Complete Streets Program.

2. Any money received by a commission
pursuant to paragraph (a) of subsection 1 of NRS 482.1825 must be used solely for the
execution of projects as a part of a Complete Streets Program.

3. A commission must not cause or allow
any portion of the Complete Streets Fund created pursuant to NRS 277A.240 to be used for a purpose other than
those set forth in this section.

4. As used in this section, “Complete
Streets Program” means a program for the retrofitting of streets or highways
that are under the jurisdiction of the commission for the primary purpose of
adding or significantly repairing facilities which provide street or highway
access considering all users, including, without limitation, pedestrians,
bicycle riders, persons with a disability, persons who use public
transportation and motorists. The term includes the operation of a public
transit system as part of a Complete Streets Program, but the term does not
include the purchase of vehicles or other hardware for a public transit system.

(Added to NRS by 2013, 2818,
effective on the earlier of October 1, 2015, or the date on which the Director
of the Department of Motor Vehicles notifies the Governor and the Director of
the Legislative Counsel Bureau that sufficient resources are available to
enable the Department to carry out the provisions of chapter 472, Statutes of
Nevada 2013, at page 2812)

NRS 277A.290Powers regarding parking facilities or parking spaces for
general public and public employees.

1. A commission may construct, convert,
improve, equip and maintain parking facilities or parking spaces for use by the
general public and public employees. Such facilities or spaces must be owned
and operated by the commission or its agents.

2. The commission may fix and charge
reasonable fees for the use of any such parking facilities or spaces.

3. The commission may enter into a
contract, lease or other arrangement to provide exclusive parking in designated
spaces at any parking facility owned, leased or operated by the commission.

1. Subject to the provisions of
subsections 2, 4 and 5, the commission may construct, modify, operate and
maintain electrical and communication systems, including, without limitation,
traffic signalization or messaging systems, and related infrastructure that are
necessary to carry out the commission’s duties set forth in this chapter within
any public easement or right-of-way, including, without limitation, a public
easement or right-of-way dedicated or restricted for use by any utility, if:

(a) The public easement or right-of-way is
adjacent or appurtenant to or within a reasonable proximity of any public
highway; and

(b) The electrical and communication systems and
related infrastructure may be located safely within the public easement or
right-of-way without damaging the facilities of other persons who are
authorized to place their facilities within the public easement or right-of-way.

2. If the commission and the governmental
entity that owns or controls a public easement or right-of-way execute an
interlocal or cooperative agreement that authorizes the construction,
installation, maintenance and use of the electrical and communication systems
and related infrastructure within the public easement or right-of-way, the
commission or any person authorized by the commission may construct or install
any electrical and communication systems and related infrastructure within the
public easement or right-of-way.

3. If the commission or any person
authorized by the commission intends to construct or install any electrical or
communication systems or related infrastructure within any public easement that
is located within the common area or common elements of a common-interest
community governed by an association, the commission shall:

(a) Provide the governing body of the association
with written notice of the intent to construct or install the electrical or
communication systems or related infrastructure within the public easement at
least 30 days before such construction or installation begins; and

(b) Coordinate, to the extent practicable, with
the governing body of the association to determine an appropriate location for
the electrical or communication systems or related infrastructure within the
public easement.

4. The commission may require any person
who causes damage to an electrical or communication system or related
infrastructure to:

(a) Reimburse the commission for the cost of
repairing the damage to the electrical or communication system or related
infrastructure; or

(b) Repair the damage to the electrical or
communication system or related infrastructure to the satisfaction of the
commission.

5. A commission that modifies, operates
and maintains electrical and communication systems pursuant to this section is
not a public utility and nothing in this section authorizes a commission to
construct or maintain any telecommunications system, including, without
limitation, a tower, pole or similar structure used to provide
telecommunications services.

1. A commission may authorize street
banners to be placed within the jurisdiction of the commission:

(a) Along any public highway.

(b) Except as otherwise provided in subsections 2
and 3, on a facility owned or leased by the commission, the county or any
participating city, or within any public easement or right-of-way, including,
without limitation, a public easement or right-of-way dedicated or restricted
for use by any utility, if:

(1) The facility, public easement or
right-of-way is adjacent or appurtenant to or within a reasonable proximity of
any public highway; and

(2) The street banners may be located
safely on the facility or within the public easement or right-of-way without
damaging the facilities of other persons who are authorized to place their
facilities within the public easement or right-of-way.

2. If the commission and the governmental
entity that owns or controls a facility, public easement or right-of-way execute
an interlocal or cooperative agreement that authorizes the placement of street
banners, the commission may place street banners on the facility or within the
public easement or right-of-way.

3. If the commission or any person
authorized by the commission intends to place any street banner within any
public easement that is located within the common area or common elements of a
common-interest community governed by an association, the commission shall:

(a) Provide the governing body of the association
with written notice of the intent to place the street banner within the public
easement at least 30 days before such placement; and

(b) Coordinate, to the extent practicable, with
the governing body of the association to determine an appropriate location for
the street banner within the public easement.

4. A commission may charge a fee to place
a street banner. Any such fee collected by the commission must be paid to the
governmental entity that owns or controls the facility, public easement or
right-of-way where the street banner is placed. The governmental entity shall
pay to the commission an administrative fee in an amount set forth in the
agreement required pursuant to subsection 2. Any administrative fee paid to the
commission pursuant to this subsection must be used by the commission to fund
road improvement and maintenance.

NRS 277A.320Counties whose population is 700,000 or more: Construction,
installation and maintenance of vending stands for passengers of public mass
transportation.

1. In a county whose population is 700,000
or more, the commission may provide for the construction, installation and
maintenance of vending stands for passengers of public mass transportation in
any building, terminal or parking facility owned, operated or leased by the
commission.

2. The provisions of NRS 426.630 to 426.720, inclusive, apply to a vending
stand constructed, installed or maintained pursuant to this section.

NRS 277A.330Counties whose population is 700,000 or more: Construction,
installation and maintenance of benches, shelters and transit stops for
passengers of public mass transportation.In
a county whose population is 700,000 or more:

1. The commission shall provide for the
construction, installation and maintenance of benches, shelters and transit
stops for passengers of public mass transportation.

2. In carrying out its duties pursuant to
subsection 1, the commission may displace or limit competition in the
construction, installation and maintenance of such benches, shelters and
transit stops. The commission may:

(a) Provide those services on an exclusive basis
or adopt a regulatory scheme for controlling the provision of those services;
or

(b) Grant an exclusive franchise to any person to
provide those services.

3. Subject to the provisions of subsections
4 and 5, the commission or any person who is authorized by the commission to
provide for the construction, installation and maintenance of benches, shelters
and transit stops for passengers of public mass transportation may locate such
benches, shelters and transit stops within any public easement or right-of-way,
including, without limitation, a public easement or right-of-way dedicated or
restricted for use by any utility, if:

(a) The public easement or right-of-way is
adjacent or appurtenant to or within a reasonable proximity of any public
highway; and

(b) The benches, shelters and transit stops may
be located safely within the public easement or right-of-way without damaging
the facilities of other persons who are authorized to place their facilities
within the public easement or right-of-way.

4. Before the commission or any person
authorized by the commission may construct or install any benches, shelters and
transit stops within any public easement or right-of-way, the commission and
the governmental entity that owns or controls the public easement or
right-of-way shall execute an interlocal or cooperative agreement that
authorizes the construction, installation, maintenance and use of the benches,
shelters and transit stops within the public easement or right-of-way.

5. If the commission or any person
authorized by the commission intends to construct or install any benches,
shelters or transit stops within any public easement that is located within the
common area or common elements of a common-interest community governed by an
association, the commission shall:

(a) Provide the governing body of the association
with written notice of the intent to construct or install the benches, shelters
or transit stops within the public easement at least 30 days before such
construction or installation begins; and

(b) Coordinate, to the extent practicable, with
the governing body of the association to determine an appropriate location for
the benches, shelters or transit stops within the public easement.

6. The commission shall post on each
bench, within each shelter and near each transit stop a notice that provides a
telephone number that a person may use to report damage to the benches,
shelters or transit stops.

7. No board, governing body or town board
may:

(a) Provide for the construction, installation or
maintenance of benches, shelters and transit stops for passengers of public
mass transportation except with the approval of or at the request of the
commission; or

(b) Adopt any ordinance, regulation or plan,
enter into or approve any franchise, contract or agreement or take any other
action that prohibits or unreasonably restricts the commission from providing
for the construction, installation or maintenance of benches, shelters and
transit stops for passengers of public mass transportation.

1. In a county whose population is 700,000
or more, the commission shall establish an advisory committee to provide
information and advice to the commission concerning the construction,
installation and maintenance of benches, shelters and transit stops for
passengers of public mass transportation in the county. The membership of the
advisory committee must consist of:

(a) Two members of the general public from each
city within the county who are appointed by the governing body of that city;
and

(b) Six members of the general public appointed
by the commission.

2. Each member of the advisory committee
serves a term of 1 year. A member may be reappointed for additional terms of 1
year in the same manner as the original appointment.

3. A vacancy occurring in the membership
of the advisory committee must be filled in the same manner as the original
appointment.

4. The advisory committee shall meet at
least six times annually.

5. At its first meeting and annually
thereafter, the advisory committee shall elect a chair and vice chair from
among its members.

6. Each member of the advisory committee
serves without compensation and is not entitled to receive a per diem allowance
or travel expenses.

NRS 277A.345Counties whose population is 700,000 or more: Establishment of
regional rapid transit authority; development of plan for establishment of
regional rapid transit system by authority.

1. In a county whose population is 700,000
or more, the commission shall establish a regional rapid transit authority. The
membership of the regional rapid transit authority must consist of:

(a) The general manager of the commission, who
shall act as chair of the authority;

(b) One member appointed by the board of county
commissioners;

(c) Three members, one from each of the three
largest cities within the county, who are appointed by the respective governing
bodies of each city;

(d) One member selected by the association of
gaming establishments whose membership collectively paid the most gaming
license fees to the State pursuant to NRS
463.370 in the county in the preceding year;

(e) One member who is selected by the economic
development authority in the county;

(f) One member selected by the Department of
Transportation; and

(g) One member who has expertise in urban
planning and design or architecture selected by the Nevada Arts Council.

2. The regional rapid transit authority
shall develop a plan for the establishment of a regional rapid transit system:

(a) In cooperation with economic development,
engineering, planning, tourism and utility interests in the county; and

(b) With the goal of quantifying the implications
of introducing an exclusive rapid transit system in identified corridors in the
county.

3. In carrying out its duties pursuant to
subsection 2, the regional rapid transit authority shall:

(a) Hold public meetings to, without limitation:

(1) Evaluate the need for and desirability
of a regional rapid transit system;

(2) Assess corridor and route feasibility
and desirability; and

(3) Review existing mass transit options
to determine how to incorporate such options into a regional rapid transit system;

(b) Undertake an analysis of various
considerations involved with introducing and implementing a regional rapid
transit system in the county, including, without limitation:

(1) An assessment of the available rapid
transit technologies, including, without limitation, technologies that use
solar power or other renewable energy sources to minimize or eliminate the use
of carbon-based fuels;

(2) An assessment of the opportunities,
costs and constraints of corridor options, including, without limitation:

(I) An examination and evaluation of
existing rail corridors and transit routes for inclusion in the regional rapid
transit system;

(II) An evaluation of potential
sites for stations and facilities for the regional rapid transit system; and

(III) Identification of locations in
the county that would benefit most from proximity to a regional rapid transit
system, including, without limitation, airports and existing or proposed
special event venues such as stadiums and racetracks;

(3) Estimates as to capital and operating
costs;

(4) An assessment of potential ridership
and passenger demand;

(5) An assessment of the environmental
impact;

(6) A potential project schedule; and

(7) An assessment of financing options and
funding sources, including, without limitation:

(I) Processes for securing federal
funding; and

(II) The potential for voter
approval for bonds to support any portion of the regional rapid transit system.

4. On or before February 1 of each year, the
regional rapid transit authority shall submit a written report to the Director
of the Legislative Counsel Bureau for transmittal to the appropriate committee
or committees of the Legislature. The report must set forth, without
limitation:

(a) The activities and meetings of the authority;

(b) Any findings made by the authority regarding
the analysis required by subsection 3; and

(c) The plan or current draft of the plan
developed by the authority pursuant to subsection 2.

NRS 277A.350Cooperation with local air pollution control board and regional
planning coalition in certain counties; prerequisites to adoption or amendment
of plan, policy or program.

1. In a county whose population is 700,000
or more, the commission shall cooperate with the local air pollution control
board and the regional planning coalition in the county in which it is located
to:

(a) Ensure that the plans, policies and programs
adopted by each of them are consistent to the greatest extent practicable.

(b) Establish and carry out a program of
integrated, long-range planning that conserves the economic, financial and
natural resources of the region and supports a common vision of desired future
conditions.

2. Before adopting or amending a plan,
policy or program, the commission must:

(a) Consult with the local air pollution control
board and the regional planning coalition; and

(b) Conduct hearings to solicit public comment on
the consistency of the plan, policy or program with:

(1) The plans, policies and programs
adopted or proposed to be adopted by the local air pollution control board and
the regional planning coalition; and

(2) Plans for capital improvements that
have been prepared pursuant to NRS
278.0226.

3. As used in this section:

(a) “Local air pollution control board” means a
board that establishes a program for the control of air pollution pursuant to NRS 445B.500.

(b) “Regional planning coalition” has the meaning
ascribed to it in NRS 278.0172.

NRS 277A.360Annual reports to Department by commissions in certain counties.In counties having a population of less than
100,000, the commission shall submit an annual report to the Department for the
fiscal year showing the amount of receipts from the county motor vehicle fuel
tax imposed pursuant to chapter 373 of NRS
and the nature of the expenditures for each project.

NRS 277A.370Agreements for exchange of cash flow based on price of fuel.

1. A commission that budgets $1,000,000 or
more in any fiscal year for the purchase of fuel may enter into an agreement
for an exchange of cash flow based on the price of fuel as provided in this
section if it finds that such an agreement would be in the best interest of the
commission.

2. A commission may only enter into an
agreement to exchange cash flow payments based on the price of fuel only if:

(a) The long-term unsecured debt obligations of
the person with whom the commission enters the agreement are rated “A” or
better by a nationally recognized rating agency; or

(b) The obligations pursuant to the agreement of
the person with whom the commission enters the agreement are guaranteed by a
person whose long-term debt obligations are rated “A” or better by a nationally
recognized rating agency.

3. A commission may agree, with respect to
a fuel that the commission has budgeted to purchase in a fiscal year:

(a) To pay sums based on a fixed price or prices
for that fuel, on an amount of the fuel that does not exceed the amount of the
fuel that the commission expects to acquire over a period that is not more than
63 months from the date of the agreement, in exchange for an agreement by the
other party to pay sums equal to a variable price for that fuel determined
pursuant to a formula or price reference set forth in the agreement on the same
amount of the fuel as the amount used in determining the sums payable by the
commission;

(b) To pay sums based on a variable price or
prices for that fuel determined pursuant to a formula or price reference set
forth in the agreement, on an amount of fuel that does not exceed the amount of
the fuel the commission expects it will acquire over the period that is not
more than 63 months from the date of the agreement, in exchange for an
agreement by the other party to pay sums equal to a fixed price or prices for
that fuel on the same amount of fuel as the amount used in determining the sums
payable by the commission; or

(c) To pay sums based on a variable price or
prices for the fuel determined pursuant to a formula or price reference set
forth in the agreement, on an amount of the fuel that does not exceed the
amount of the fuel that the commission expects it will acquire over the period
that is not more than 63 months from the date of the agreement, in exchange for
an agreement by the other party to pay sums equal to a different variable price
for that fuel determined pursuant to a formula or price reference set forth in
the agreement on the same amount of the fuel as the amount used in determining
the amount payable by the commission.

4. The payments to be made for any fiscal
year must be based on the amounts of the fuel that the commission expects to
buy or sell during that fiscal year and must be scheduled to be paid within an
18-month period that begins 3 months before and ends 3 months after the fiscal
year.

5. A certification by the commission or
its chief financial officer as to any determination made under this section or
as to the amount of fuel that a commission expects to buy or sell during the
term of an agreement entered into pursuant to this section, or during all or
any part of any fiscal year that is wholly or partially included in the term of
an agreement entered into pursuant to this section, is conclusive, absent
fraud, for the purpose of determining whether the commission is authorized to
enter into an agreement under this section.

6. The term of an agreement entered into
pursuant to this section may not exceed 63 months.

7. An agreement entered into pursuant to
this section is not:

(a) A debt or indebtedness of the commission for
the purposes of any limitation upon the indebtedness of the commission or any
requirement for an election with regard to the issuance of securities that is
applicable to the commission.

8. A commission which has entered into an
agreement pursuant to this section may use the price it pays or expects to pay
for fuel after giving effect to the agreement for the purpose of calculating:

(a) Rates and charges of a revenue-producing
enterprise whose revenues are pledged to or used to pay municipal securities;

(b) Statutory requirements concerning revenue
coverage that are applicable to municipal securities; and

(c) Any other amounts which are based upon the
amounts to be paid for fuel.

9. Subject to covenants applicable to
municipal securities to which any revenues of the commission or county are pledged,
any payments required to be made by the commission under an agreement may be
made from money that could be used to pay for the fuel or from any other
legally available source.

10. The powers granted by this section are
in addition to all other powers of any commission, and nothing herein limits
the exercise of a power a commission otherwise has.